* * Policing of Gender Based Violence in South Africa - Colonel Anneke Pienaar -
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Transcript of * * Policing of Gender Based Violence in South Africa - Colonel Anneke Pienaar -
* *
Policing ofGender Based
Violencein
South Africa
- Colonel Anneke Pienaar -
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Policing of Gender Based Violence in South Africa
Introduction
Focus of presentation:
1. International Obligations
2. National Obligations
3. Policing of the crimes
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Policing of Gender Based Violence in South Africa
1. International Obligations
• South Africa
• Signed and ratified several instruments
• Reflected in legislation• Examples
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Policing of Gender Based Violence in South Africa
UN Convention on the Rights of Children (UNCRC)
• Signed on 29 January 1993 and ratified on 16 June 1995
• Examples:
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Policing of Gender Based Violence in South Africa
UN Convention on the Rights of Children
Article 19 - Appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse
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Policing of Gender Based Violence in South Africa
UN Convention on the Rights of Children
Article 34 - Protection of the child from:• all forms of sexual exploitation and sexual
abuse• engagement in any unlawful sexual
activity• exploitation - prostitution or other
unlawful sexual practices• Exploitation - use of children in
pornographic performances and materials
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Policing of Gender Based Violence in South Africa
UN Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
• SA acceded to instrument on 30 June 2003
• Examples:
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Policing of Gender Based Violence in South Africa
UN Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
Article 1 - States must prohibit the sale of children, child prostitution and child pornography
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Policing of Gender Based Violence in South Africa
UN Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
Article 3 - Aspects to be covered in legislation:• Sexual exploitation• Transfer of organs for profit• Forced labour• Adoption of a child in violation international
law on adoption• Child prostitution• Child pornography
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Policing of Gender Based Violence in South Africa
UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
• SA acceded to Convention on 15 December 1995
• Example:
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Policing of Gender Based Violence in South Africa
UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Article 6 - States Parties shall take all appropriate measures, including legislation, to suppress all forms of trafficing in women and exploitation of prostitution of women
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Policing of Gender Based Violence in South Africa
UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children Trafficking
• SA ratified instrument on 14 December 2003
• Example:
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Policing of Gender Based Violence in South Africa
UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children Trafficking
Article 9 - Prevention of trafficking in persons
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Policing of Gender Based Violence in South Africa
2. National Obligations
• Common Law Offences
• Legislation (Acts)
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Policing of Gender Based Violence in South Africa
Common Law Offences
Examples:
• Assault• Murder• Kidnapping
• Rape• Indecent Assault• Incest• (changed as from 16 December 2007)
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Policing of Gender Based Violence in South Africa
Legislation (Acts)
Examples:
• Constitution of the RSA, 1996 • Domestic Violence Act, 1998
(Act No 116 of 1998)• Criminal Law (Sexual Offences and
Related Matters) Amendment Act, 2007 (Act No 32 of 2007)
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Policing of Gender Based Violence in South Africa
Legislation (Acts)
Examples:
• Children’s Act, 2005 (Act No 38 of 2005)
• Child Justice Act, 2008 (Act No 75 of 2008)
• Films and Publications Act, 1996 (Act No 65 of 1996)
• Protection from Harassment Act, 2011 (Act No 17 of 2011)
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Policing of Gender Based Violence in South Africa
Constitution of the RSA, 1996
Chapter 2 - Sec 7-39 - Bill of rights
• Section 28 – Rights of Children
Chapter 11 - Sec 198-210 - Security Services
• Section 205(3) - The objects of the police are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law
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Policing of Gender Based Violence in South Africa
Domestic Violence Act, 1998 (Act No 116 of 1998)
• Define concepts, eg. “domestic violence”
• Makes provision, for example:o Arrest of the alleged offender without a
warrant of arresto Application/issuing of a Protection Order
– Magistrate’s Courto Seizure of arms & dangerous weaponso Offences – E.g. failure to comply with the
provisions of the Protection Order
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Policing of Gender Based Violence in South Africa
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007)
• 16 December 2007 - 66 crimes
• Repealed Common Law OffencesE.g. Rape, Indecent Assault
• Expanded definitionsE.g. Section 3 - Rape
- Sexual penetration with genital organs, other body part, object
- Victim - female and male
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Policing of Gender Based Violence in South Africa
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007)
Created new crimes
• Sec 4 – Compelled Rape
• Sec 18 – Sexual grooming of children and (Sec 24) persons who are mentally disabled
• Chapter 5 – Services for victims of sexual offences and compulsory HIV testing of alleged sex offenders
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Policing of Gender Based Violence in South Africa
Children’s Act, 2005 (Act No 38 of 2005)
• 310 Sections
• Give effect to certain rights of childrenas contained in the Constitution
• Creates new crimesExpands definitions of crimes,Describes procedures
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Policing of Gender Based Violence in South Africa
Children’s Act, 2005 (Act No 38 of 2005)
• Sec 1 - Defines “child”
• Sec 7 & 9 - Best interest of a child
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Policing of Gender Based Violence in South Africa
Children’s Act, 2005 (Act No 38 of 2005)
• Sec 150 - Child in need of care and protection
• Sec 152 - Removal of child to temporary safe care without court order by police official or social worker
• Sec 153 - Issue a notice to offender to leave the house or place where child resides (in best interest of child) by police official
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Policing of Gender Based Violence in South Africa
Child Justice Act, 2008 (Act No 75 of 2008)
• Children in conflict with the law
• Age of criminal capacity of children• Under the age of 10 years
Cannot be prosecuted – alternative actions – Sec 9• 10 yrs old - under age of 14 yrs• 14 yrs old - under age of 18 yrs
• Detention & Procedures
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Policing of Gender Based Violence in South Africa
Films and Publications Act, 1996 (Act No 65 of 1996)
• Classification of publications, films, & games
• Sec 24B - Prohibition, offences and penalties • Unlawful possess• Creates, produces• Imports, procures,• Exports, makes available, exports,
broadcasts, distributes (OR contributes or assists
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Policing of Gender Based Violence in South Africa
Protection from Harassment Act, 2011 (Act No 7 of 2011)
• Defines conceptsfor example “harassment”
• Application and issuing of Protection Orders
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Policing of Gender Based Violence in South Africa
SA Police ServiceNational Instructions
• NI 7 of 1999 – Domestic Violence
• NI 3 of 2008 – Sexual Offences
• NI 2 of 2010 – Children in Conflict with the Law
• NI 3 of 2010 – The Care and Protection of• Children in terms of the Children’s Act
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Policing of Gender Based Violence in South Africa
SA Police Service: FCS
• Standard Operating Procedure for the Reporting of FCS-related Crimes
• FCS – Family Violence, Child Protection and Sexual Offences
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Policing of Gender Based Violence in South Africa
SA Police Service: FCS
• FCS-related crimes • Person directed crimes (assault,
murder) • Sexual Offences (rape, sexual assault)• Illegal removal of persons/missing
children (kidnapping, abduction) • Electronic media facilitated crimes
(child pornography)
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Policing of Gender Based Violence in South Africa
3. Policing
• Proactive / Prevention
• Reactive / Investigation
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Policing of Gender Based Violence in South Africa
Proactive Policing / Crime Prevention
Visible Policing
• Different programmes
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Policing of Gender Based Violence in South Africa
Proactive Policing / Crime Prevention
Detective Service
• Awareness campaigns• Child Protection Week• 16 days of Activism of No Violence
Against Women• Lectures/talks
• Early identification and apprehension of offenders
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Policing of Gender Based Violence in South Africa
Reactive Policing / Investigation
Detective Service• Police stations
Family Violence, Child Protection and Sexual Offences (FCS) Units
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Policing of Gender Based Violence in South Africa
Reactive Policing / Investigation
Family Violence, Child Protection and Sexual Offences (FCS) Units (176)
• Sensitive service to the victims• Detectives - Investigate the case• Forensic Social Work – Provide
investigative support
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Policing of Gender Based Violence in South Africa
Reactive Policing / Investigation
Forensic Social Work
• Social Workers• SA Police Service members • Provide investigative support• Conduct forensic assessments• Provide scientifically based court
reports • Testify in courts as experts
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Policing of Gender Based Violence in South Africa
Reactive Policing / Investigation
Overview:
Basic principles of investigationof gender based crimes
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Policing of Gender Based Violence in South Africa
Reactive Policing / Investigation
Focus
• Reporting of crimes
• Initial investigation
• Follow-up investigation
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Policing of Gender Based Violence in South Africa
Reporting & first responses
• In person Police station / FCS Unit / Detectives
• Telephonic report • Obtain details from the reporter• Dispatch a police vehicle / detective
on standby
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Policing of Gender Based Violence in South Africa
First Response
• Immediate attention
• Sensitivity
• Medical assistance
• Safety
• Detective / FCS member
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Policing of Gender Based Violence in South Africa
Interview reporter
• Privacy• Support person• Provide information• Details of case• Processes• Notice of services in case of sexual
offence• Protection Orders • (Domestic Violence, harassment)
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Policing of Gender Based Violence in South Africa
Statements
• Record all information• Before, During and After the incident
• Elements of crime
• Preliminary statement
• In-depth statement
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Policing of Gender Based Violence in South Africa
Statements
• Language
• Record person’s exact words
• Additional statement to clarify child’s terminology
• Child - Unable to verbalized details of incident – Forensic social work
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Policing of Gender Based Violence in South Africa
Statements
• Victim• Reporter• Support person• Person accompanying victim• Witnesses• Police officials• Experts• Impact statement
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Policing of Gender Based Violence in South Africa
Statements
First report witness
• Exact words used by the victim• Details of what s/he observed• Physical appearance of the victim
(clothing, visible injuries)• Emotional state of the victim
(crying/laughing, shocked, etc)
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Policing of Gender Based Violence in South Africa
Medical examination: Victim
• Explain purpose• Obtain written consent (SAPS 308)• Accompany victim but not to be present
during medical examination
• Inform victim:• Return of all articles• Wash or bath once medical
examination is completed
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Policing of Gender Based Violence in South Africa
Medical examination: Offender
• Same principles• Purpose• Record of injuries• Collection of physical evidence /
reference samples
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Policing of Gender Based Violence in South Africa
Crime scene: Processes
Six (6) basic processes:
• Control• Preserve• Observe• Search• Tracing sources of information• Utilisation of investigation aids/experts
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Policing of Gender Based Violence in South Africa
Prosecution
• Prosecutor’s decision• Consultation• Testify• Cooperation:
Prosecutor / Investigating officer
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Policing of Gender Based Violence in South Africa
Conclusion
Knowledge of Obligations
Brief overview of the different investigation processes
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Thank you
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Colonel Anneke Pienaar
Family Violence, Child Protection and Sexual Offences Investigations
+27+(0)12 393 2017+27+(0)82 778 5619
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Head:Family Violence, Child Protection
and Sexual Offences Investigations
Major General MY Botsheleng
+27+12 393 2107